Jurnal Cendikia ISNU SU
Vol. 2 No. 2 (2025): ISNU Cendikia September

Comparison of Principles in Rental Agreements According to the Civil Code and KHES

Anggi Wirakusuma (Universitas Islam Negeri Sumatera Utara)
Amanda Syafani Al Ikhsan Hasibuan (Universitas Islam Negeri Sumatera Utara)
Adhitya Aldhani Wijaya (Universitas Islam Negeri Sumatera Utara)
Muhammad Yasir Azhar (Universitas Islam Negeri Sumatera Utara)
Muhammad Asdon Munthe (Universitas Islam Negeri Sumatera Utara)



Article Info

Publish Date
29 Sep 2025

Abstract

This study discusses the comparison of legal principles in rental agreements according to the Civil Code (KUHPerdata) and the Compilation of Sharia Economic Law (KHES). The background of this study is the importance of understanding the differences and similarities between the two legal systems applicable in Indonesia, especially in the context of a pluralistic society. The research method used is normative research with a comparative approach, through analysis of legal documents, literature, and related case studies. The research stages include identifying the main principles in the Civil Code and KHES, comparing the principles of freedom of contract, consensualism, good faith, and justice and welfare. The results of the study indicate that the principle of freedom of contract in the Civil Code is more flexible than the KHES which is limited by sharia values. The principles of consensualism and good faith are applied differently, with the KHES adding unique moral and religious dimensions. The conclusion of this study confirms that the KHES places more emphasis on justice and welfare in every agreement, while the Civil Code focuses on legal certainty. These findings are relevant to understanding the application of law in pluralistic societies and enhancing harmony between the two legal systems.

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Journal Info

Abbrev

jcisnu

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice

Description

Jurnal Cendikia ISNU SU is a scholarly platform dedicated to advancing research and critical discussions in the field of law. The journal embraces a wide range of topics that reflect the dynamic development of legal studies, both in national and international contexts. The scope of the journal ...